Regina v Pham [2006] NSWCCA 288

New South Wales Court of Criminal Appeal

CITATION: Regina v Pham [2006] NSWCCA 288 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 25/8/06

JUDGMENT DATE: 21 September 2006

JUDGMENT OF: Grove J at 1; Kirby J at 2; Hislop J at 49

DECISION: (1) Appeal allowed; (2) The sentence by his Honour in respect of count 1 confirmed, namely, 1 year and 8 months (commencing 20.6.05 and expiring 19.2.07); (3) The sentence by his Honour in respect of count 2 is quashed and, in lieu thereof, there should be a sentence of 4 years imprisonment from 20.6.06 to 19.6.10, with a non parole period of 2 years from 20.6.06 to 19.6.08. The earliest date on which he will be eligible for release to parole is 19 June 2008.

CATCHWORDS: Criminal Practice & Procedure - Crown appeal - supply cannabis leaf - gave assistance - given bail - 8 months later charge of cultivation of cannabis commercial quantity - allowance for plea and assistance - assistance no relevance to second charge - sentence inadequate - re-sentence.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999

R v Cartwright (1989) 17 NSWLR 243 R v Gallagher (1991) 23 NSWLR 220 R v Chu (unreported, NSWCCA, 16.10.98) R v Sukkar [2006] NSWCCA 92 R v Wall [2002] NSWCCA 42 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 R v Richards (1981) 2 NSWLR 464 R v Jones (unreported, NSWCCA, 30.6.94) R v Moffitt (1990) 20 NSWLR 114 Power v The Queen (1974) 131 CLR 623 Bugmy v The Queen (1990) 169 CLR 525